_RFP _ PRODUCE _ 2026_docx.pdf

Fayette County Public Schools

RFP # 2026-06-04

Request for Proposal Timeline

Issue/Posting Date June 4, 2026

Final Date for Written Questions June 18, 2026

Sealed Proposal Due Date and Time July 7, 2026 @ 10:00AM

Proposal Due Location School Nutrition Program Office

205 LaFayette Avenue

Building A, Suite 604

Fayetteville, GA 30214

Proposal Opening Date and Time July 7, 2026 @ 11:00 AM

Proposal Opening Location LaFayette Education Center, Building A

Award Date: July 14, 2026

Start date and end date of proposal July 15, 2026, through June 30, 2027

AWARDED TO:

Proposal Identification

PROPOSAL FOR NAME OF PRODUCT/SERVICE LABEL ENVELOPE AS FOLLOWS:

X RFP PRODUCE “RFP PRODUCE”

☐ Uniforms “RFP UNIFORMS”

☐ Computers or Software “RFP COMPUTERS or SOFTWARE”

☐ Cafeteria Décor “RFP CAFETERIA DECOR”

☐ Cafeteria Furniture “RFP CAFETERIA FURNITURE”

☐ Food Safety and Sanitation “RFP FOOD SAFETY AND SANITATION

DEFINITION

Addendum: A change, addition, alteration, correction or revision to a proposal or contract document

CFR: Code of Federal Regulations

CN: Child Nutrition

Contract Documents: Consist of the Agreement between the SFA and the Proposer, terms and conditions, schedule, specifications, drawings, any and all addenda, errata, and bulletins issued prior to execution of the contract, other documents listed in the Agreement, and modifications issued after execution of the contract.

Cost Reimbursable Contract: A formal, legally enforceable contract that reimburses the awarded Proposer for costs incurred under the contract but does not provide for any other payment to the awarded Proposer, with or without a fixed fee. In a cost reimbursable contract, allowable costs will be paid from the nonprofit school food service account to the awarded Proposer net of all discounts, rebates, and other applicable credits accruing to or received by the awarded Proposer.

EPA: Environmental Protection Agency

FNS: Food and Nutrition Services

F.O.B. : Freight on Board

FCSS: Fayette County School System

HACCP: Hazard Analysis Critical Control Point

NSLP: National School Lunch Program

O.C.G.A.: Official Code of Georgia Annotated

OMB: Office of Management and Budget

Proposer: A firm, individual, or corporation submitting a proposal in response to this RFP.

Request for Proposal (RFP): A type of solicitation document used in competitive proposal, where the primary consideration is cost, and the expectation is that competitive proposals will be received, and an acceptance (award) will be made to the responsive and responsible Proposer whose proposal is lowest in price and meets the specifications of the proposal. An RFP is a formal method of procurement that uses proposals and results in a fixed price or cost reimbursable contract with or without adjustment factors. The RFP must be publicly advertised, and proposals shall be solicited from an adequate number of known Proposers, providing them with sufficient time to respond prior to the date set for opening the proposals.

SBP - School Breakfast Program

SFA: School Food Authority

SNP: School Nutrition Program

Solicitation: A document used by the SFA to acquire goods and /or services. Solicitations must incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured.

Solicitations must also identify all the requirements which the Proposers must fulfill and all other factors to be used in evaluating the proposals.

USDA: United States Department of Agriculture

U.S.C.: United States Code

Vendor: The provider of the goods and/or services under the awarded Contract.

TRANSMITTAL PAGE

The Fayette County Public School Food Authority (SFA), is requesting and issuing this RFP (Request for Proposal) for the School Nutrition Program (SNP) for Food Safety and Sanitation. Sealed proposals are due by the date, time and location shown on the RFP Timeline. Sealed proposals will be opened at the date, time and location shown on the RFP Timeline.

INTENT OF THIS PROPOSAL

It shall be the intent and purpose of this Request for Proposal (RFP) to establish the terms and conditions under which the successful Proposer shall supply and deliver Fresh Produce Goods, and related supplies to the School

Food Authority (SFA) in accordance with the specifications, terms, and conditions contained herein.

The Fayette County School System (FCSS), hereafter referred to as the “District” or “FCSS,” is seeking to establish a contract for the procurement and delivery of Fresh Produce Goods and related food service supplies for use in the

National School Lunch Program, School Breakfast Program, and other Child Nutrition Programs operated by the

District.

The successful Proposer shall provide weekly delivery services to approximately 23 school sites and any additional locations identified by the District. Proposers shall demonstrate the operational capability, distribution network, product availability, customer service support, and financial stability necessary to service a large K12 Child Nutrition

Program.

School food authorities shall comply with the requirements of 7CFR 210.21 and 2 CFR part 200, subpart D and

USDA implementing regulations 2 CFR part 400 and part 415, as applicable, which implement the applicable requirements, concerning the procurement of all goods and services with nonprofit school food service account funds. All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective vendor performance and eliminate unfair competitive advantage, suppliers that develop or draft specifications, requirements, statement of work, or Invitation for Bids, must be excluded from competing for such procurements. (2 CFR 200.319)

Any changes to the terms or conditions of this Contract, which are required by Federal or State law or rule, or changes to Federal or State laws, rules, or citations are automatically incorporated herein, effective as of the date specified in such law, rule and/or USDA Memo.

The SFA is seeking to identify and select one (1) or more vendors to provide the items as listed in the attached list in Attachment A The selected vendor(s) shall provide products in accordance with the Standard Terms and

Conditions, Special Terms and Conditions, the IFB and any applicable Addenda.

The SFA reserves the right to accept or reject any or all RFP’s, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the SFA without restricting competition

All procurement transactions must be conducted in a manner that provides full and open competition consistent with

2 CFR 200.319. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors or entities that develop or draft specifications, requirements, statements of work, or requests for proposals associated with this procurement shall be excluded from competing for such procurements.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1df897ac0ee53456d33c34fae017b4c8&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/cfr/text/2/part-200 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=92e1f5a58c279298bd17da63027e231e&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=92e1f5a58c279298bd17da63027e231e&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/cfr/text/2/part-400 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d0379c91b8e8c6172c6b2c6215434f62&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d0773bf1b9152f67ca9823f65ba1fc0&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21

CONTRACT TIME PERIOD

Initial Term - The initial term of this contract, which results from the award of this RFP, shall commence and terminate on the dates shown on the RFP Timeline. The effective date may not occur prior to the date on which the contract is July 15, 2026.

Extension Option -The contract may be extended up to three (3) months at the same proposal pricing, provided mutual agreement by both parties in written form.

Renewal Option - This contract may be renewed by mutual agreement of both parties in written form for no more than 4 additional 1-year terms based on Proposer performance.

PROPOSAL SUBMISSION PROCEDURES

The SFA is not liable for any costs incurred by Proposers prior to issuance of or entering a contract. Costs associated with developing the proposal, preparing for oral presentations (if applicable), and any other expenses incurred by the Proposer in responding to this RFP are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the School Nutrition Program.

PROPOSER CONTACT INFORMATION

Company Name

Street Address

City, State, Zip

Telephone

Email address

QUESTIONS CONCERNING PROPOSAL

Questions regarding this Request for Proposal shall be directed to:

Fayette County Board of Education

Jerome Perrien

School Nutrition Program

Building A, Suite 604

LaFayette Avenue schoolmeals@mail.fcboe.org mailto:schoolmeals@mail.fcboe.org

Responses to inquiries that affect the content of this RFP will be provided in writing to all recipients of the RFP. It is the responsibility of each Proposer to inquire about any aspect of the RFP that is not fully understood or is believed to be susceptible to more than one interpretation. The SFA will accept only written inquiries regarding this RFP until the date shown on the Request for Proposal Timeline, in order for a reply to reach all Proposers before the proposal closes and to give Proposers ample time to respond to any Addenda. Any information given to a prospective Proposer concerning an RFP, either during the pre-proposal meeting or through written inquiries, will be furnished to all prospective Proposers as an Addendum to the RFP if such information is necessary or if the lack of such information would be prejudicial to uninformed Proposers

PROPOSAL PROCESS

Proposals must be enclosed in an envelope and sealed. Emailed proposals are unacceptable and will only be considered for sealed proposals.

The outside of the envelope shall be clearly marked and labeled as shown on the RFP Identification Chart and include “RFP # 2026-06-04 for Fayette County School Food Authority. Return address on envelope should include the Proposer’s complete mailing address.

Proposals shall be mailed or delivered to

School Nutrition Program

Building A Suite 604

Email submission is not acceptable.

Sealed proposals must be received by the SFA no later than the date and time shown on the RFP Timeline.

An Excel electronic copy ( on a labeled flash drive) and paper copy of the Spec/Quote Sheet along with any alternate or required information must be included inside the proposal package. All proposals will be stamped and documented to validate time and date of receipt.

Late proposals shall not be accepted. The SFA shall not be responsible for late receipt of proposals. Late proposals will be returned unopened to the address provided on envelope or email (if accepted).

If the Proposer submits documents with informalities, errors, or omissions such as, but not limited to, non-conforming security, non-conforming non-collusion affidavit or samples, or fails to properly execute and seal the said documents, the Proposer, in the SFA’s sole discretion, may be given 72 hours from the time of the proposal opening in which to provide such information to the SFA. The SFA has the right to waive any, and all informalities.

RFP OPENING DATE/TIME/PLACE

RFPs will be opened at the date, time and location shown on the RFP Timeline

AWARD DETERMINATION STATEMENT

The Fayette County School System reserves the right to waive technicalities, to accept or reject any and all proposals and to waive in proposals received, to award the entire proposal to one respondent or to multiple vendors or to make awards by group or location, whichever is in the best interest of the Fayette County

School System; hereafter referred to “FCSS”, except where noted for clarity.

This RFP is intended to be awarded and result in a cost reimbursable or a fixed price contract. All prices shall remain firm for the entire contract period unless otherwise noted in the Pricing and Method of Payment section.

The award of this RFP is contingent upon available budget funds and approval of the Fayette County Board of Education.

The SFA will award the contract to the lowest responsive and responsible Proposer meeting all terms, conditions, and specifications of the RFP, within approximately sixty (60) days of the opening of the proposals. Proposals received are an irrevocable offer for 60 days after the opening time and date. The SFA reserves the right, in its sole discretion, to accept or reject any, and all proposals or parts thereof.

An official letter/email of acceptance will be forwarded by the SFA to the successful Proposer after proposal selection and prior to contract award.

Upon acceptance and award of a Proposer’s proposal, the contract between the Proposer and the SFA shall be drafted from (a) the RFP and addenda, (b) the selected response to the RFP by the Proposer and any attachments thereto, and (c) all written communications between the SFA and the Proposer concerning the transaction.

The contract shall constitute the entire and only agreement and shall supersede all prior negotiations, commitments, understandings, or agreements, whether oral or written.

EVALUATION FACTORS

Proposals will be evaluated in accordance with the required specifications as listed in this RFP. At the SFA’s discretion, a proposal may be eliminated from consideration for failure to comply with any required specifications, depending on the nature and extent of non-compliance. In addition to meeting mandated specifications, proposals will be evaluated for the ability of the Proposer to provide, in the SFA’s opinion, the best overall solution to meet the SFA’s specifications.

The SFA reserves the right to award a single contract for the total requirement of the RFP or award multiple contracts on a group or line item basis in any combination that best serves the interest of the SFA.

Required references will be used in the evaluation of the proposal. Please complete Attachment I.

EVALUATION CRITERIA AND AWARD PROCESS

After determining a proposal satisfies the mandatory requirements stated in the RFP, the SFA shall analyze each proposal received. The SFA and a committee will evaluate the proposal and use the following rubric. SFA will use the categories listed below. Please respond to the questions listed below.

Weight Criteria

40 points Lowest Overall Purchase Price - This is not a bottom-line contract. The index price plus mark-up is the price that will be paid by Fayette County

School Nutrition Program. If a proposer feels he can consistently buy an item or items below the average index price, it may be to his advantage to bid a negative mark-up cost.

10 points Ordering Capability - Orders will be submitted electronically via a website. Vendors must have the ability to service "Emergency Orders" when needed.

10 points Quality of Produce - Please provide samples of the following items to be used for quality evaluation: grape tomatoes, honeydew, cantaloupe, red, green and black grapes. watermelon, carrot sticks, celery sticks, cucumbers, strawberries, iceberg salad mix and romaine salad mix at no additional cost to the Fayette County School Nutrition Program. Samples should be delivered with the RFP.

10 points Local Purchasing / Buy American - Preference will be given to the vendor who will agree to search out and offer locally grown and produced fruits and vegetables, for use by the Fayette County School Nutrition

Program. "Locally grown" means items grown/produced in Georgia and states that touch Georgia. A list by month of available items from local farms along with the farm's name and biography must be included with this proposal and available throughout the year by request. Points will also be provided to the vendor who has an SNP accessible electronic system to identify or “flag” Buy American compliant products when placing food orders.

10 points Department of Defense (DOD) Supplier - Points will be provided for the company who is a DOD supplier of fresh produce. The vendor must be registered with the C.C.R. Evidence of this should be provided with the proposal.

10 points Service History - Include five (5) recent references of service history. The letters should include company name, contact person, company address, telephone number, and email address. References shall be of similar scope, complexity, and diversity including references from school districts.

Letters must bear a current (2026) date. Fayette County School Nutrition

Program reserves the right to use previous service history and customer service as a basis for evaluation.

10 points HACCP - The Fayette County School System expects a Hazard Analysis

Critical Control Point (HACCP) plan to be in place by potential vendors and their manufacturers. Documentation is required verifying that a written

HACCP plan is in place. It will be the responsibility of the vendor to ensure that local farmers providing items to the Fayette County School

Nutrition Program have a HACCP plan in place.

10 points Nutrition Education - Nutrition Program participates in the Georgia Farm to School award. The Georgia Farm to School Award is given every year to Local Educational Agencies in Georgia who work with local farmers.

The Georgia Department of Education presents this award. The selected vendor must be able to provide bios of the farmers, nutrition fact sheets and in season list of items available that coincide with the nutrition information.

Total: 100 points

ADDITIONAL INSTRUCTIONS

Modifications – Original proposals cannot be modified after receipt. Care should be taken to ensure that information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Proposer to disqualification. The SFA reserves the right to request information or respond to inquiries for clarification purposes only.

Withdrawal - Proposers may withdraw proposals at any time up to the scheduled time for receipt of proposals. Proposers desiring to withdraw their proposal must submit the purpose for withdrawal in writing to the School Nutrition SFA before the proposal opening deadline (date and time). Proposers may resubmit proposals provided it is prior to the scheduled time for receipt of proposals.

Examination - It is the responsibility of each Proposer to examine the entire solicitation, seek clarification in writing, and check its offer for accuracy before submitting the offer. Lack of care in preparing an offer shall not be grounds for withdrawing the offer after the offer due date and time nor shall it give rise to any contract claim.

Career Day Events for Student - Vendors must be willing to send a farmer representative to attend at least two Career Day events at various schools. These visits should include literature, pictures, fresh produce snacks and should be age appropriate and at no cost to the district.

Financial Accountability - Vendors must submit a copy of their most recent financial statement.

Proposers shall carefully examine all documents in the solicitation to obtain knowledge of existing conditions, limitations, and requirements. Failure to examine the documents will not relieve the Proposer of responsibility for the same nor will extra payment or change order requests be considered for conditions which could have been determined by examining the solicitation.

Proposals will be considered as conclusive evidence of complete examination and understanding of the terms and conditions of the proposal documents including the specifications and all requirements thereof in the RFP.

It is understood that submission of a proposal indicates full acceptance of the same by the parties submitting the proposal. Furthermore, by submitting a proposal the Proposer waives the right to claims for additional time or monetary compensation for all work without limit required to complete the contract which could have been obtained by the Proposer through examination of all documents or raising a question regarding requirements prior to submitting a proposal.

REJECTION OR DISQUALIFICATION OF PROPOSALS

A proposal that is incomplete, obscure, conditioned or contains additions not called for or irregularities of any kind, (including alterations or erasures), which are not initialized and dated, may be rejected as non-conforming.

The SFA reserves the right to waive a proposal’s minor irregularities if rectified by the Proposer within three business days of the SFA’s issuance of a written notice of such irregularities.

The SFA reserves the right to disqualify proposals upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Proposer.

Issuance of this RFP in no way constitutes a commitment by the SFA to award a contract. The SFA reserves the right to accept or reject, in whole or part, all proposals submitted and/or to cancel this solicitation if it is determined to be in the best interest of the SFA.

Any Proposer who has demonstrated and documented poor performance during a current or previous agreement, within the last 3 years with the School Nutrition Program may be considered a non-responsible

Proposer and their bid may be rejected. The SFA reserves the right to exercise this option as is deemed proper and/or necessary. Please provide references by using attachment I.

Evidence of Financial Capabilities

After the proposal opening, Proposers must be prepared to present suitable evidence of their financial standing within three (3) business days after a written request by the SFA. This evidence would include an income statement, balance sheet and statement of cash flow accompanied by an auditor’s report attesting to the accuracy of the financial statement.

The signed and dated contract between the SFA and the Vendor shall be governed in accordance with the laws of the State of Georgia and all applicable Federal regulations.

LOBBYING CERTIFICATE 2 CFR Appendix II to Part 200 (I)

A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. Byrd

Anti-Lobbying Amendment (31 U.S.C. 1352): Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used

Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 2 CFR Appendix II to Part 200 (I) See and complete Attachment D.

DEBARMENT AND SUSPENSION VERIFICATION 2 CFR Appendix II to Part 200 (H)

Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible vendors and/or principals only. The serious nature of debarment and suspension requires that sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment.

Institutions shall impose debarment or suspension to protect the Government's interest and only for the causes and in accordance with the procedures set forth in 2 CFR 200.213 and 2 CFR Appendix II to Part

200, Section (H).

The Vendor certifies that the Vendor and/or any of its sub vendors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the 2 CFR 200.213 which states “Non-federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and

12689, 2 CFR part 180.

These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.” The Vendor will immediately notify the School Food Authority if Vendor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Vendors by a federal entity.

By signing this agreement, the Vendor is testifying that they are not debarred, suspended, or has any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State

Agency. All responses will be verified. Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp.,

p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. See Attachment E https://www.law.cornell.edu/uscode/text/31/1352

BUY AMERICAN STATEMENT (7 CFR Part 210.21(d))

Vendor must comply with the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Buy American ) Act:7 CFR 210.21(d)) which requires schools and institutions participating in the National School Lunch

Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP.

Buy American:

Definition of domestic commodity or product. The term ‘domestic commodity or product’ means:

(i) An agricultural commodity that is produced in the United States; and

(ii) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. Substantial means over 51% of the final processed product consists of agricultural commodities that were grown domestically.

Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana

Islands are allowed under this provision as territories of the United States.

The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs and when considering limited exceptions to the Buy American provision-USDA Memo SP 38-2017; SP 23-2024.

Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved by the SFA upon request. To be considered for an alternative or exception, the request must be submitted in writing to the SFA, a minimum of 30 day (s) in advance of delivery. The request must include:

(1) Alternative substitute(s) that are domestic and meet the required specifications:

(a) Price of the domestic food alternative substitute(s); and

(b) Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

(2) Reason for exception: limited/lack of availability or price (include price):

(a) Price of the domestic food product; and

(b) Price of the non-domestic product that meets the required specification of the domestic product.

(c) The product is listed on the Federal Acquisitions Regulations Nonavailable articles list found at 48 CFR 25.104 and/or is not produced or manufactured in the

U.S. in sufficient and reasonably available quantities of a satisfactory quality.

Notification of non-domestic food purchases provided by the vendor is necessary to assist the SFA with ensuring that the annual cost of non-domestic food purchases acquired with School Nutrition Program funds does not exceed the caps established as applicable to the contract and optional renewals.

By signing this document, the vendor certifies that all domestically identified products listed within the response to the attached specifications were processed in the U.S. and contain over 51% of their agricultural food components, by weight or volume, from the U.S. Any response listing a non-domestic product will include a valid resource to verify that the non-domestic good is not produced or manufactured in sufficient and reasonable available quantities of a satisfactory quality within the U.S.

DOMESTIC PREFERENCE FOR GOODS AND MATERIALS 2 CFR 200.322, 2 CFR Appendix II to Part 200 (L)

As appropriate and to the extent consistent with law, the recipient and/or subrecipient should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;

aggregates such as concrete; glass, including optical fiber; and lumber.

Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy

American preferences set forth in 2 CFR part 184.

TERMS AND CONDITIONS

This contract between the SFA and the Proposer shall be governed in accordance with the laws of the State of

Georgia and all applicable Federal regulations.

REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

All contracts in excess of $10,000 must address termination for cause and for convenience by the recipient and/or subrecipient including the manner by which it will be affected and the basis for settlement:

Termination for Cause. The SFA may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the SFA, upon request, with adequate assurances of future performance. The SFA shall provide the Contractor with a written notice thirty (30) days prior to the contract termination date, outlining the reasons for the termination and specifying the remedies the SFA intends to pursue. In the event of termination for cause, the SFA shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the SFA for any and all rights and remedies provided by law. The Contractor may also terminate this contract under the same set of aforementioned conditions.

The occurrence of any one or more of the following events shall constitute cause for the SFA to declare the

Vendor in default of its obligation under the Contract:

The Vendor fails to deliver or has delivered nonconforming goods or services or fails to perform, to the SFA’s satisfaction, any material requirement of the Contract or is in violation of a material provision of Contract, including, but without limitation, the express warranties made;

The SFA determines that satisfactory performance of the Contract is substantially endangered or that a default is likely to occur;

The Vendor fails to make substantial and timely progress toward performance of the Contract;

The Vendor becomes subject to any bankruptcy or insolvency proceeding under federal or state law to the extent allowed by applicable federal or state law including bankruptcy laws; the Vendor terminates or suspends its business; or the SFA reasonably believes that the Vendor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

The Vendor has failed to comply with applicable federal, state, and local laws, rules, ordinances, regulations and orders when performing within the scope of the Contract;

The Vendor has engaged in conduct that has or may expose the SFA or the State to liability, as determined in the SFA’s sole discretion; or

The Vendor has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the SFA, the state, or a third party.

Immediate Termination

This contract will terminate immediately and absolutely if the SFA determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the SFA cannot fulfill its obligations under the

Contract, which determination is at the SFA’s sole discretion and shall be conclusive. Following thirty (30) days’ written notice, the SFA may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Vendor. Following termination upon notice, the Vendor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the Contract to the

SFA up to and including date of termination. Further, the SFA may terminate the Contract for any one or more of the following reasons effective immediately without advance notice:

In the event the Proposer is required to be certified or licensed as a condition precedent to providing goods and services, the revocation or loss of such license or certification may result in immediate termination of the Contract effective as of the date on which the license or certification is no longer in effect;

The SFA determines that the actions, or failure to act, of the Proposer, its agents, employees or sub Proposers have caused, or reasonably could cause, life, health or safety to be jeopardized;

The Proposer fails to comply with confidentiality laws or provisions; and/or

The Proposer furnished any statement, representation, or certification in connection with the Contract or the proposal process, which is materially false, deceptive, incorrect or incomplete.

Termination for Cause- All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. The occurrence of any one or more of the following events shall constitute cause for the SFA to declare the Proposer in default of its obligation under the Contract:

The Proposer fails to deliver or has delivered nonconforming goods or services or fails to perform, to the SFA’s satisfaction, any material requirement of the Contract or is in violation of a material provision of the Contract, including, but without limitation, the express warranties made by the Proposer;

The SFA determines that satisfactory performance of the Contract is substantially endangered or that a default is likely to occur;

The Proposer fails to make substantial and timely progress toward performance of the Contract;

The Proposer becomes subject to any bankruptcy or insolvency proceeding under federal or state law to the extent allowed by applicable federal or state law including bankruptcy laws;

The Proposer terminates or suspends its business; or the SFA reasonably believes that the Proposer has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

The Proposer has failed to comply with applicable federal, state and local laws, rules, ordinances, regulations and orders when performing within the scope of the Contract;

The Proposer has engaged in conduct that has or may expose the SFA to liability, as determined in the SFA’s sole discretion and/or

The Proposer has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the SFA, the state, or a third party.

Notice of Default- If there is a default event caused by the Proposer; the SFA shall provide written notice to the

Proposer requesting the breach or noncompliance be remedied within the time-period specified in the SFA’s written notice to the Proposer. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the SFA may:

Immediately terminate the Contract without additional written notice; and/or

Procure substitute goods or services from another source and charge the difference between the Contract and the substitute contract to the defaulting Proposer, and/or, Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

Termination upon Notice- Following thirty (30) days’ written notice, the SFA may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Proposer. Following termination upon notice, the Proposer shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the Contract to the SFA up to and including date of termination.

Termination Due to Change in Law- The SFA shall have the right to terminate this Contract without penalty by giving thirty (30) days written notice to the Proposer as a result of the following:

The SFA’s authorization to operate is withdrawn or there is a material alternation in the programs administered by the

SFA; and/or

The SFA’s duties are substantially modified.

Payment Limitation in Event of Termination- In the event of termination of the Contract for any reason the SFA shall pay only those amounts, if any, due and owing to the Proposer for goods and services actually rendered up to and including the date of termination of the Contract and for which the SFA is obligated to pay pursuant to the

Contract or Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the

Proposer’s claim. This provision in no way limits the remedies available to the SFA under the Contract in the event of termination. The SFA shall not be liable for any costs incurred by the Proposer in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract.

The Proposer’s Termination Duties- Upon receipt of notice of termination or upon request of the SFA, the Proposer shall:Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the Contract, including, without limitation, results accomplished, conclusions resulting there from, and any other matters the SFA may require;

Immediately cease using and return to the SFA, any personal property or materials whether tangible or intangible, provided by the SFA to the Proposer;

Comply with the SFA’s instructions for the timely transfer of any active files and work product by the Proposer under the Contract;

Cooperate in good faith with the SFA, its employees, agents, and Proposers during the transition period between the notification of termination and the substitution of any replacement Proposer; and

Immediately return to the SFA any payments made by the SFA for goods and services that were not delivered or rendered by the Proposer.

Understand that all supplemental contracts, purchase orders, and/or orders for goods or services issued by the SFA and accepted by the vendor shall survive the expiration or termination of this contract.

HUB (Historically Underutilized Business) STATEMENT

It is the intent of the SFA to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises and labor surplus area firms. Small businesses, women and minority-owned business and labor surplus area firm sources will not be given unfair advantage when evaluating competitive purchases i.e., small purchases, proposals, or noncompetitive procurement (2 CFR 200.321).

Positive efforts include:

Placing qualified small and minority businesses, women's business enterprises and labor surplus area firms on solicitation lists

Assuring that small and minority businesses, women's business enterprises and labor surplus area firms are solicited whenever they are potential sources

Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, women's business enterprises and labor surplus area firms

Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, women's business enterprises and labor surplus area firms

Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

Requiring the prime Proposer, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

(Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with

Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-

1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246

Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”)

ENERGY POLICY AND CONSERVATION ACT STATEMENT

Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163, 89

Stat.871).

CLEAN AIR/ CLEAN WATER STATEMENT

Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42

U.S.C. 1857(h)) Clean Air and Water Certification. Proposer certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection Authority (EPA) List of Violating Facilities.

Proposer will immediately notify the School Food Authority of the receipt of any communication indicating that any of

Proposer’s facilities are under consideration to be listed on the EPA List of Violating Facilities. Clean Air Act (42

U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.

7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

RECORD RETENTION AND ACCESS CLAUSE

The Proposer shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the SFA throughout the term of the Contract for a period of at least five (5) years following the date of final payment or https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/uscode/text/40/3145 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/uscode/text/40 https://word-edit.officeapps.live.com/we/wordeditorframe.aspx https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.law.cornell.edu/topn/solid_waste_disposal_act completion of any required audit, whichever is later. Records to be maintained include both financial records and service records. The Proposer shall permit the Auditor of the State of Georgia or any authorized representative of the

School Food Authority, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Proposer relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The Proposer shall not impose a charge for audit or examination of the Proposer’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the Fayette County Board of Education reserves the right to charge the Proposer for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities.

RFP PROTEST PROCEDURES

Any protest shall be in writing and shall be delivered to the SFA designated Protest official, Kokeeta

Wilder. 205 LaFayette Avenue Fayetteville, Georgia 30214. A protest of a solicitation shall be received by the named individual before the offer due date. The protest shall be filed within ten (10) days from the award notice and shall include:

1. The name, address, and telephone number of the protestor;

2. The signature of the protestor or an authorized representative of the protestor;

3. Identification of the purchasing agency and the solicitation or contract number;

4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents:

5. The form of relief requested.

A written response to the protest will be made within 30 days from receipt of the protest and all items indicated above.

The SFA shall in all instances disclose information regarding protests to the State Agency.

NON-COLLUSION STATEMENT

"I certify that this proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand that a collusive proposal is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to a proposal by all conditions of this proposal and certify that I am authorized to sign this proposal for the Proposer per O.C.G.A.50-5-67. I further certify that the provisions of the official code of Georgia annotated 45-10-20 et seq. have not and will not be violated in any respect." See

Attachment G

CODE OF CONDUCT

The following conduct will be expected from all persons who are engaged in the procurement process that uses SFA funds including award, administration of contracts, and receipt of products. No employee, officer, or agent of the SFA shall participate in selection or in award or administration of a contract supported by the SFA funds if conflict of interest, real or apparent, would be involved. Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for the award:

The employee, office, or agent;

Any member of his/her immediate family;

His or her partner;

An organization which employs or is about to employ one of the above.

Further, the employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Proposers or parties to sub-agreements; and the purchase of any food or service from a Proposer for individual use is prohibited; and the removal of any food, supplies, equipment, or school property, such as records, recipe books, supplies and the like is prohibited; and outside sale of such items as used oil, empty cans, and the like will be sold by contract between the Board of Education and an outside agency. Individual sales by any school person to an outside agency or other school person is prohibited. Failure of any employee, officer, or agent to a proposal by the above state code could result in a fine, suspension, or both, and dismissal. Interpretation of the code will be given at any time by contacting the School Nutrition Director. The Board of Education will not be responsible for any other explanation or interpretation which anyone presumes to make on behalf of the Board of Education.

DUTY TO EXAMINE

It is the responsibility of each Proposer to examine the entire solicitation, seek clarification in writing, and check for accuracy before submitting the offer.